IN 2008, Ecuador made history by being the first country in the world to consti-tutionally recognise Nature as a rights-bearing entity, with the legal right to exist, to regenerate, to be restored, and to be respected. There is no official database tracking the exact area that has been saved after this landmark provision in the country’s constitution, but it has been invoked in approximately 55 lawsuits. This has led to a surge in successful protections.
As a key 26th Amendment compnent, Pakistan’s Constitution now has Article 9A, which establishes the fundamental right to a “clean, healthy and sustainable environment”. While it does not grant independent, legal personhood to eco-systems, like Ecuador does, Pakistan’s approach connects human survival directly to ecological health. Unfortunately, the courts have done little to protect the country’s diverse ecological areas that are the backbone of any healthy environment.
The 2024 landmark ruling passed by the Supreme Court which ordered the demolition of eateries in the so-called ‘protected’ Margalla Hills National Park was an exception, but, alas, it was shortlived, as the Federal Constitutional Court (FCC) has recently nullified the directive. This has opened the gates for anyone to start large-scale commercial activities that may destroy the fragile ecosystem of the 29 protected national parks in Pakistan. There are already several violations happening in these parks apparently in collusion with the relevant authorities. Now, with the latest ruling, these illegal actions will be backed by legal cover.
As a country that is ranked fifth globally among nations most affected and prone to natural disasters driven by extreme weather events, we should be protecting the environment proactively. The Margallas represent the lungs of Islamabad. Clean air is the constitutional right of every citizen of Pakistan, and this right must be legally protected.
Ecuador’s constitutional provision was the result of pressure exerted by indigenous communities in the country. The people of Pakistan need to speak up, too, and make sure that their constitutional rights are not trampled upon. The Margallas need to be protected for us and our future generations.
Sehar Zaman
Lahore
Published in Dawn, August 15th, 2026
